Most Common Reasons DWI Cases Get Dismissed

By Jeff Kennedy

Drinking and driving is a serious problem that should be addressed, but it is possible for the criminal justice system to overcorrect when trying to stop a problem it deems important. Not all DWI charges are just, and many of them are dismissed for good reason.

For instance, sometimes officers arrest people who weren’t driving drunk at all or who were significantly under the legal limit. Accusing someone of drunk driving doesn’t make it true.

In other cases, people’s behaviors are unfairly used against them. Let’s say someone is pulled over on suspicion of DWI and refuses to submit to field sobriety tests or chemical testing. The officer then uses the person’s refusal as a way of charging him or her with a DWI without any real evidence.  

Here’s a look at some common reasons DWI cases are dismissed in Texas.

Field Sobriety Tests and Chemical Tests

Field sobriety tests are designed to test for intoxicated driving. These tests may have good intentions, but they can be wildly inaccurate.

Many people can’t complete these tests—such as the walk-and-turn test—whether they have alcohol in their systems or not. Factors unrelated to alcohol consumption can influence a person’s performance on these tests.

Breathalyzer tests are often inaccurate, too. Many environmental factors, such as chemicals in the air, can cause the breath test to give a positive reading. Not to mention the fact that the user may not be trained well, and if the devices aren’t calibrated properly, that can also lead to false positives.

Challenging the validity of these tests could lead to a DWI case dismissal.

Your Rights Were Violated

If you’ve been stopped on suspicion of drunk driving, the officer had better have a very good reason for pulling you over. Police are not allowed to stop drivers without cause—that’s illegal.

There are many other ways your rights could have been violated during the traffic stop. Your attorney can demonstrate how the officer violated these rights, such as failure to Mirandize you, leading to a dismissal of your drunk driving case.

Procedural Errors

It’s pretty rare for any case to be picture-perfect, and mistakes are likely to be made. The police officer could have made numerous mistakes, from improperly completed paperwork to conflicting information, all of which can be challenged in court.

Others could also have made mistakes that warrant the dismissal of your driving while intoxicated charge. For instance, the chemical testing lab could have made errors.

A Fort Worth DWI Lawyer Can Defend You

Being charged with drunk driving is not a pleasant situation, no matter your circumstances. A lot of people plead guilty to a crime because they are too afraid to fight for their rights. This is likely a mistake. Once a DWI conviction goes on your record, it remains there.

You can get help fighting your DWI charge from an attorney at the Law Offices of Jeff C. Kennedy. There may be many reasons for your driving while intoxicated charge to be dismissed. Call our office at 817-605-1010 or fill out the form below to speak with an attorney in a free case evaluation.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

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